Drug driver out of jail after court oversight
WHEN police intercepted a black Mercedes Benz in an Ipswich suburb a female passenger was found to be in possession of an illegal homemade gun.
The driver, Jonathan Finch, was charged after testing positive for having a drug in his system.
On Tuesday he appeared from jail via video-link for sentence in Ipswich Magistrates Court.
Jonathan Paul Finch, 36, from Silkstone, pleaded guilty to driving when drug positive in Leichhardt on August 19, 2020; unlawful possession of a weapon - a flick knife in Brassall on June 20, 2020; and obstructing police.
The court heard Finch had spent 76 days in pre-sentence custody, and a previous judicial error made by Brisbane Magistrates Court caused Finch to remain in jail longer than he should have on unrelated charges.
Defence lawyer Michael Kelly said 264 days held in jail had mistakenly not been declared as time already served.
Finch had served six months in jail before the sentence was reopened, and there had been an appeal heard in the District Court.
Mr Kelly sought that the Ipswich magistrate consider all the relevant circumstances and that no further action be taken on the current matters.
He also outlined personal and health issues that had impacted on Finch from his school days.
Magistrate David Shepherd said he would take the 76 days into account.
Noting Finch had been a victim of "administrative oversights", Mr Shepherd convicted and sentenced him to the rising of the court.
He was disqualified from driving for one month.